GOVERNMENT EMPLOYEES INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
RANDALL CHARLES WHEELUS, A MINOR, BY HIS FATHER AND NEXT FRIEND, CHARLES RAYMOND WHEELUS, ET AL., APPELLEES
On the basis of a review of the briefs, the record on appeal and oral argument we are of the opinion that the trial court did not err in dismissing appellant’s claim of lien without notice inasmuch as it clearly appears that the appellant was never a party to these proceedings. We further conclude that appellant’s notice of lien was a nullity of no force and effect. Blue Cross of Florida, Inc. v. O’Donnell, Fla.App. 1970, 230 So.2d 706.
Accordingly, the final order dismissing appellant’s notice of lien is affirmed, without prejudice to the appellant to pursue its subrogation rights as provided by law (see International Sales-Rentals Leasing Co., etc., et al. v. Nearhoof, Fla.1972, 263 So.2d 569); the final judgment of dismissal stands modified to such extent.
Affirmed, as modified.
WALDEN, OWEN and MAGER, JJ., concur.
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Luisa Rodriguez v. Travelers Ins. Co., 367 So. 2d 687 (Fla. 3d DCA 1979)…i was not filed. The decision therefore remains authoritative on the issue in this district. . Travelers thus may pursue Gomez and South Carolina to recover its subrogated $1,000.00 in medical payments. See Government Employees Ins. Co. v. Wheelus, 270 So. 2d 409 (Fla. 4th DCA 1972). We are told that this sum is being withheld from the proposed settlement to Mrs. Rodriguez in order to satisfy this claim, but we of course express no view as to the outcome or effect of any such litigation. See Forsyth v. South…
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Gov't Emps. Ins. Co. v. Wheelus, 382 So. 2d 124 (Fla. 5th DCA 1980)…luding GEI- [*126] CO’s subsequently filed notice for trial. Accordingly, the order of dismissal is affirmed. DOWNEY, JAMES C., HERSEY, GEORGE W., and HURLEY, DANIEL T. K., Associate Judges, concur. . Government Employees Insurance Co. v. Wheelus, 270 So. 2d 409 (Fla. 4th DCA 1972) and Government Employees Insurance Co. v. Wheelus, 319 So. 2d 181 (Fla. 4th DCA 1975).…
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Gov't Emps. Ins. Co. v. Wheelus, 319 So. 2d 181 (Fla. 4th DCA 1975)…at its notice of lien was a nullity, but that the affirmance of the dismissal of GEICO’s notice of lien was without prejudice to the pursuit of its subrogation rights as provided by law. (Government Employees Insurance Co. v. Wheelus, Fla.App. 1972, 270 So. 2d 409.) Thus, appellant brought this suit against the appellees Wheelus, Florida Coca-Cola Bottling Company, and Charles Floyd on January 21, 1974, asserting its subrogation rights to recover what it alleges were uninsured motorist payments it previously…
Authorities Cited
- Int'l Sales - Rentals Leasing Co. v. Nearhoof, 263 So. 2d 569 (Fla. 1972)
- Morrison Assurance Co., Inc. v. Polak, 230 So. 2d 706 (Fla. 3d DCA 1970)
- Blue Cross OF Fla., Inc. v. O'Donnell, 230 So. 2d 706 (Fla. 3d DCA 1970)